Crossan v. Crossan
Supreme Court of Missouri
Appeal from Nodaway Circuit Court. — Ron. John M. Dawson, Judge. (1) The whole scheme and purpose of the will was to provide for the wife. By her renunciation the scheme and purpose of the testator was defeated and the will rendered a nullity. Finnell v. Finnell, 80 Kans. 730, 18 Ann.
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Appeal from Nodaway Circuit Court. — Ron. John M. Dawson, Judge. (1) The whole scheme and purpose of the will was to provide for the wife. By her renunciation the scheme and purpose of the testator was defeated and the will rendered a nullity. Finnell v. Finnell, 80 Kans. 730, 18 Ann. Cas. 471. (2) The estate in remainder being a common-law remainder must have a particular estate to support it, and must take effect in possession at the instant of the termination of the life estate, else it fails for want of a particular estate to support it. 40th Cyc. 1682; Ryan v. Monaghan, 42 S. W. 144;…
1Opinion of the CourtJames T. Blair, J.
The cause was heard in Division and thereafter transferred to Court in Banc and re-argued. This is a proceeding to construe the will of Isaac J. Crossan, and for partition. The parties to the case are the widow and descendants of testator, a tenant on paid of the land involved, and the administrator c. t. a.
Isaac J. Crossan owned a residence in Maryville and some 300 acres of Nodaway County farm land and personalty amounting to $4000. He died in August, 1922, and his will, sought to he construed, reads as follows:
“I, Isaac J. Crossan, of the County of Nodaway and State of Missouri, aged…
2Cases cited2 opinions
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- Aberg v. First National Bank in DallasCourt of Appeals of Texas · 1970
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